User agreement

1. GENERAL PROVISIONS

1.1. These Terms of Use (hereinafter — the "Terms") define the rules for using the «Peakly» service and are entered into between «PEAKLY» LLC (hereinafter — the "Operator") and any person using the Service (hereinafter — the "User").

1.2. The Service means the websites peakly.uz, thepeakly.com and their subdomains, the Operator's mobile applications, the Telegram bot @peakly_help_bot, and other official software solutions of the Operator.

1.3. The Terms form an integral part of the Public Offer published at https://peakly.uz/legal/offer.

1.4. Relationship between the documents:

In the event of conflict on booking and settlement matters, the Public Offer prevails; on personal data matters — the Privacy Policy.

1.5. Acceptance of the Terms. Use of the Service constitutes full and unconditional agreement with the Terms. If the User does not agree with them, the User must stop using the Service.

1.6. The Operator may amend the Terms in the manner set out in Section 20 of the Public Offer.

---

2. ACCESS TO THE SERVICE

2.1. The Service is available in two modes:

• without registration (guest role) — viewing the Tour feed, search, Tour page, public posts;
• after registration — full functionality according to the assigned role.

2.2. User roles:

2.3. Age restriction. Registration is available to persons who have reached 18 years of age. Persons aged 14 to 18 may use the Service with the consent of their legal representative. The Operator may request age verification and block an account where a breach is identified.

2.4. The Operator may change the functionality of the Service, add or remove individual features, and introduce restrictions without prior notice, except where this materially affects Bookings already placed.

2.5. The Service may be temporarily unavailable due to maintenance. The Operator endeavours to give advance notice of planned works.

---

3. ACCOUNT

3.1. Registration is carried out using a mobile phone number with one-time code confirmation (SMS or Telegram), or via Google, Apple ID or Telegram.

3.2. The User undertakes to provide accurate, complete and up-to-date information and to keep it current.

3.3. It is prohibited to:

• register under the name and using the data of another person without their consent;
• create multiple accounts by one person for the purpose of abuse (circumventing a block, rating manipulation, reuse of promo codes);
• transfer account access to third parties;
• sell, exchange or otherwise dispose of an account.

3.4. Security. The User is solely responsible for maintaining the confidentiality of their password, confirmation codes and two-factor authentication codes. All actions performed using the account are deemed to have been performed by the User unless proven otherwise.

3.5. If unauthorised access is suspected, the User must immediately notify the Operator at support@peakly.uz or via @peakly_help_bot.

3.6. Sessions. Authorisation is maintained by access tokens with a limited validity period. The User may terminate active sessions through the Personal Account.

3.7. Account deletion. The User may delete their account through the Personal Account or by contacting support. The procedure and timelines for data deletion are set out in the Privacy Policy. Deletion does not terminate obligations under paid and uncompleted Bookings.

3.8. Inactive accounts. The Operator may delete an account that has not been used for more than 36 (thirty-six) months, giving the User at least 30 calendar days' notice to the contact details provided.

---

4. USER CONTENT

4.1. User content means any materials posted by the User in the Service: photographs, videos, texts of posts and comments, reviews, route descriptions, GPX tracks, avatars, as well as descriptions and media materials of Community Tours.

4.2. Rights in the content remain with the User. The Operator claims no exclusive rights.

4.3. Licence to the Operator. By posting content, the User grants the Operator a non-exclusive, royalty-free licence, valid in all countries, to:

• store, reproduce and process it (including changing format and size, compression, applying a watermark);
• make it available to the public in the Service in accordance with the privacy settings selected by the User;
• use it in the Service's marketing and advertising materials with attribution.

4.4. Licence term — for the period the content is posted and for 12 (twelve) months after its deletion by the User (the technically necessary period to purge backups and caches). Use of the content in advertising materials created before deletion is permitted until the expiry of the placement period of such materials.

4.5. Revocation of the licence. The User may delete their content at any time. The Operator ceases displaying it in the Service immediately. Content reposted or quoted by other Users may remain in their posts with an indication that the original has been deleted.

4.6. User warranties. By posting content, the User warrants that:

• they hold all necessary rights in it;
• the content does not infringe copyright, related or other rights of third parties;
• consent has been obtained from persons depicted in photo and video materials for their publication;
• the content does not contain personal data of third parties posted without their consent;
• the content does not breach the legislation of the Republic of Uzbekistan.

4.7. The User is responsible for their content. The Operator does not pre-screen all posted content and is not responsible for its substance. Upon receipt of a substantiated complaint or discovery of a breach, the Operator removes the content in accordance with Section 8.

4.8. Automated screening. The Operator may use automated tools to screen media materials for prohibited content. An automated decision may be appealed by the User under clause 8.6.

---

5. REVIEWS AND RATINGS

5.1. A review of a Tour may be left by a registered User after completion of a Tour in which they participated. One review per Booking.

5.2. Review requirements:

• a text comment of at least 20 characters;
• ratings by criteria (guide/organiser, organisation and logistics, route and location, conformity with the description) on a 1–5 scale;
• up to 5 media files may be attached.

5.3. A review must reflect the User's personal experience and contain accurate information.

5.4. It is prohibited to:

• post knowingly false reviews;
• post reviews for remuneration (whether positive or negative);
• post reviews of Tours in which the User did not participate;
• use reviews to blackmail a Seller;
• include in a review insults, obscene language, personal data of third parties, advertising or links to external resources.

5.5. The Seller's right of reply. The Seller may reply publicly to a review. The reply is subject to the same requirements.

5.6. Moderation. The Operator may hide a review that breaches clause 5.4, notifying the author and stating the reason. The Operator does not remove reviews at a Seller's request solely on the ground that the review is negative.

5.7. Ratings for a Tour and a Seller are calculated automatically as the arithmetic mean of published scores. The Operator does not adjust ratings manually, except to remedy the effects of identified manipulation.

---

6. SOCIAL FEATURES

6.1. Posts. The User may publish posts with media files, text, a geotag and a link to a Tour. Privacy settings: Public / Friends only / Only me.

6.2. Follows and friendships:

6.3. Tagging other Users. Tagging a User in a photograph is permitted provided the tagged person actually appears in it. A tagged User may remove the tag.

6.4. Invitations and recommendations. The User may invite friends to a Tour and publish Tour recommendations. Where participating together, each Participant places and pays for their own Booking.

6.5. Blocking. The User may block another User. A blocked person cannot send friend requests, comment on posts or send invitations.

6.6. Complaints. The User may report a post, comment, review or profile. Complaints are handled in accordance with Section 8.

6.7. Community Tours. The rules for creating and participating in self-organised tours are set out in Section 10 of the Public Offer. The Initiator of a Community Tour is responsible for the accuracy of the initiative description and may not charge participants or act as an intermediary in settlements.

---

7. PROHIBITED ACTIONS

7.1. When using the Service, it is prohibited to:

Content:

• post materials containing violence, cruelty, pornography or sexual content;
• post materials inciting national, racial, religious or social hatred;
• post materials that insult honour, dignity or business reputation;
• post materials of an extremist or terrorist nature;
• post materials promoting narcotic substances, self-harm or other life-threatening behaviour;
• post materials infringing third parties' intellectual property rights;
• publish personal data of third parties without their consent;
• post materials involving minors in an inappropriate context.

Conduct:

• mislead other Users, impersonate another person or organisation;
• distribute spam, intrusive advertising or financial pyramid schemes;
• collect Users' data (including by automated means) without their consent;
• harass, threaten or insult other Users;
• induce Users to transact outside the Service.

Technical:

• use automated data collection tools (bots, scrapers, parsers) without the Operator's written permission;
• take actions aimed at disrupting the operation of the Service, including excessive server load or circumventing rate limits;
• gain unauthorised access to accounts, source code or Service data;
• study, decompile or disassemble the Service's software, except where expressly permitted by law;
• post malicious code;
• circumvent moderation, blocking and verification mechanisms.

Commercial:

• use the Service for activities requiring a licence where none is held;
• use the Service for laundering criminally obtained proceeds;
• artificially inflate or deflate ratings, or manipulate views, bookings and reviews.

7.2. This list is not exhaustive. The Operator may treat as a breach other actions contrary to the purpose of the Service, to law, or to good faith.

---

8. MODERATION AND ENFORCEMENT

8.1. The Operator may apply the following measures to violators, proportionate to the nature of the breach:

8.2. The Operator notifies the User of the measure applied and its reason via available communication channels, except where notification would impede the prevention of unlawful acts or is prohibited by law.

8.3. Where an account is blocked, previously paid Bookings are either fulfilled or refunded in accordance with Section 9 of the Public Offer. Blocking is not a ground for withholding the User's funds.

8.4. The Operator may immediately and without prior notice remove content and block an account where there are indications of:

• crimes against the person, including against minors;
• extremist or terrorist activity;
• fraud against other Users;
• an attack on the Service's infrastructure.

8.5. Users' complaints are reviewed within 7 (seven) business days of receipt.

8.6. Appeals. The User may appeal a measure applied by submitting a request to support@peakly.uz within 30 calendar days. The Operator reviews the request within 10 (ten) business days and notifies the outcome. Where an automated decision is appealed, the request is reviewed by an Operator employee.

---

9. THE OPERATOR'S INTELLECTUAL PROPERTY

9.1. The Service, its source code, structure, design, interfaces, database, texts and graphic elements, as well as the marks «Peakly» and «Пикли», the domain names peakly.uz, thepeakly.com, toursmarket.uz, basecamp.uz and related means of individualisation, are the Operator's intellectual property or are used by it on lawful grounds.

9.2. The User is granted a limited, non-exclusive, revocable right to use the Service for its intended purpose. No other rights are granted.

9.3. Without the Operator's written permission, it is prohibited to:

• copy, reproduce or distribute elements of the Service;
• use the Operator's marks in one's own materials, domain names or business names;
• create derivative products based on the Service;
• systematically extract materials from the Service's database.

9.4. Notice of infringement. A rights holder who believes that content posted in the Service infringes their rights may send a notice to info@peakly.uz stating: details of the rights holder and contact information; a description of the subject matter and the basis on which the rights arose; a link to the disputed material; and a statement of good faith.

9.5. The Operator reviews the notice within 7 (seven) business days and, where it is substantiated, restricts access to the material and notifies the User who posted it. That User may submit a counter-statement.

---

10. PERSONAL DATA

10.1. Personal data is processed in accordance with the Privacy Policy (https://peakly.uz/legal/privacy), which forms an integral part of these Terms, and with the Law of the Republic of Uzbekistan No. ZRU-547 of 02.07.2019 "On Personal Data".

10.2. A User who posts personal data of third parties (details of additional Participants, images of other persons) is solely responsible for ensuring their consent and is liable for its absence.

10.3. Use of Users' personal data for advertising distribution without their consent is prohibited (Article 18 of the e-commerce legislation). Marketing notification settings are available in the Personal Account.

---

11. NOTIFICATIONS

11.1. The Operator sends notifications to the User via the following channels: push notifications, Telegram, e-mail, SMS.

11.2. Transactional notifications (booking confirmation, payment status, change of application status, Tour reminders, cancellations, refunds) relate to performance of the agreement and cannot be disabled, except for choosing the preferred delivery channel.

11.3. Marketing notifications (new tours from followed guides, special offers, curated selections) are sent only with the User's consent and may be disabled at any time in the Personal Account settings.

11.4. The User may set a "quiet mode" — a time interval during which notifications are not delivered, other than critically important ones.

11.5. A notification is deemed delivered from the moment it is sent to the contact details provided by the User.

---

12. LIABILITY

12.1. The Service is provided "as is". The Operator does not guarantee that the Service will function without interruption or error but takes reasonable measures to ensure its operability.

12.2. The Operator is not liable for:

• the substance of user content and its correspondence to reality;
• the actions of Users and Sellers, including their infringement of third-party rights;
• loss of user content caused by the User's own actions;
• temporary unavailability of the Service;
• the operation of third-party services integrated into the Service (payment systems, maps, messengers, telecommunications operators);
• the content of external websites linked to from the Service.

12.3. The Operator's liability is limited as set out in Section 17 of the Public Offer.

12.4. Indemnity. The User undertakes to reimburse the Operator for documented losses arising from claims brought by third parties in connection with content posted by the User or the User's breach of these Terms.

12.5. This Section does not limit the User's rights under the Law of the Republic of Uzbekistan "On Protection of Consumer Rights".

---

13. TERM AND TERMINATION

13.1. The Terms apply from the moment use of the Service begins until the account is deleted or the Service ceases operation.

13.2. The User may terminate the Terms at any time by deleting their account.

13.3. The Operator may terminate the Terms unilaterally in the event of a gross or systematic breach by the User, and also upon cessation of the Service — with at least 30 calendar days' notice, save in the cases provided for in clause 8.4.

13.4. The provisions of Sections 4 (as regards the licence granted), 9, 12 and 14 survive termination of the Terms.

---

14. DISPUTE RESOLUTION AND FINAL PROVISIONS

14.1. These Terms are governed by the law of the Republic of Uzbekistan.

14.2. The claims procedure and jurisdiction are determined by Section 18 of the Public Offer.

14.3. Enquiries are sent to support@peakly.uz; intellectual property matters to info@peakly.uz; or via the Telegram bot @peakly_help_bot.

14.4. The invalidity of any individual provision does not render the remainder invalid.

14.5. These Terms are drawn up in Russian, Uzbek and English. In the event of discrepancy, the Russian text prevails.

14.6. The current version is always available at https://peakly.uz/legal/terms.

---

15. OPERATOR'S DETAILS